Anthony Leon Summers filed a notice of appeal but failed to file a brief. On November 3, 2009, we notified Summers that the brief had not been filed and warned that failure to file a brief could result in a dismissal of the appeal for want of prosecution. Summers requested and was granted a final extension but failed to file a brief. On January 21, 2010, we notified Summers that the appeal would be submitted to the Court without oral argument. See Tex. R. App. P. 39.8. In the absence of a brief assigning error for appellate review, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

______________________________

STEVE McKEITHEN

Chief Justice

Submitted on February 11, 2010

Opinion Delivered February 18, 2010

Before McKeithen, C.J., Gaultney and Horton, JJ.